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CalPERS LONG TERM CARE INSURANCE CRCEA COMMITTEE ACTIONS
By Mike Sloan
As Vice President of the California Retired County Employees Association, I have been asked to sit on a committee that has been tasked with challenging the CalPERS Long Term Care Program proposed rate increases. We are aware of the large number of members that purchased this insurance, some almost 20 years ago. This report is intended to update those members interested in what is being done on their behalf regarding this issue.
1. May 7, 2013 Letter sent to CalPERS responding to a statement posted on their website: “CalPERS will be collaborating with constituent groups, such as the Retired Public Employees Association (RPEA), Service Employees International Union (SEIU), California State Employees Association (CSEA), California State Retirees (CSR), California State University Retired Faculty (CSURF) and others to provide educational materials to help explain the options available to policyholders.”
CRCEA requested that we be included as one of the constituent groups. A reply was received from CalPERS in late May confirming that CRCEA would be allowed to be one of the chose constituent groups. CRCEA was granted a spot on CalPERS “educational committee”, however, no meetings have been held or scheduled.
2. Also on May 7th, the California Assembly Committee on Aging and Long Term Care held a hearing to discuss this issue. They found, as CalPERS has previously stated, “the program was poorly planned and executed.” The committee also noted in CalPERS advertising documentation from 1998 stated, “With this option, your plan is designed to remain level and won’t increase each year.” CalPERS estimates that approximately 75% of the people with LTC insurance purchased the lifetime benefits or inflation protection.
The committee also found that the long term care insurance industry as a whole was in a similar predicament. Many insurers have discontinued selling the “life time, inflation protected” coverage. Others have left the business entirely. Last year John Hancock Life Insurance received approval for a 40% rate increase, and CNA Financial Corp. has requested a 45% increase.
3. An email was sent to CRCEA’s lobbyist in Sacramento, Amy Brown, to get her advice on how best to proceed with drafting a bill which would place CalPERS Long Term Care Insurance program under the jurisdiction of the California Department of Insurance. These talks are ongoing, as well as searching for a legislature willing to sponsor and carry the bill.
4. June 5, 2013, wording for a draft bill to amend the California Insurance Code, Section 740, was sent to the CRCEA lobbyist in Sacramento to be used in attempting to locate a sponsor for such an amendment.
5. June 5, 2013 a Public Records Act request was sent to CalPERS. We requested the following info:
Actuarial valuations of the Long Term Care (LTC) Program Reports, studies or recommendations regarding the LTC program rates from 2010
Pension and Health Benefit’s Committee (PHBC) recommendations regarding LTC rates Support documentation for all PBHC agenda items dealing with LTC program rates Supporting documentation for all Board of Administration agenda items for LTC rates
6. On June 18th, the CRCEA’s LTC research committee received the requested records on a disk. Those records are being reviewed for information beneficial to our purpose.
7. June 28, 2013 a letter was sent to California Department of Insurance Commissioner Dave Jones requesting his agency investigate the proposed CalPERS rate increase to determine if this rate adjustment could be mitigated by his department. Commissioner Jones replied on July 8, 2013, and explained that “by law CalPERS long term care insurance is not under the jurisdiction of the Department of Insurance as it is a self-‐funded plan overseen by the CalPERS Board of Directors”.
8. On June 28, 2013, a letter was sent to Elaine Howie, California State Auditor, requesting that her office audit the books of CalPERS Long Term Care Program.
9. August 5, 2013 the law firm of Shernoff Bidart Echeverria Bentley LLP filed a suit in Los Angeles
Superior Court seeking class action status. I have since had several telephone discussions with Greg Bentley (lead attorney for this suit), and they are aware of the numerous retiree organizations that are available for assistance with the case if needed.
10. CalPERS requested additional 30 days to respond to the complaint filed in the above action, and
their response is due on October 9, 2013. 11. What happens to those that have decided to drop their coverage? Will they receive any benefit
from the lawsuit? Could they have their coverage reinstated back to their status in May 2013? These questions are yet to be determined by the court as the law suit progresses.
12. RECOMMENDATIONS: If it is financially feasible, continue your coverage until 2015 by paying
the 5% increases. If this is not feasible, considering decreasing the coverage to one of the options offered by CalPERS to maintain your policy until the lawsuit is decided.